Equal Opportunity Act Interventions

In 2018 the Fair Work Commission (FWC) considered the meaning of ‘discrimination’ in the Fair Work Act 2009 (FWA) in an application by the Metropolitan Fire and Emergency Services Board (MFB) for approval of the Operational Staff Agreement 2016 (Operational Agreement).

This case was an appeal of a decision by the Victorian Civil and Administrative Tribunal (VCAT) at the Supreme Court. The case involved Ms Black, a tenant with a visual impairment and physical disability, who lived in a building administered by an owners corporation.

Berry Street Victoria applied to the Victorian Civil and Administrative Tribunal for an exemption under section 89 of the Equal Opportunity Act 2010. The application sought to allow Berry Street to discriminate by employing women only in its Northern Family Violence Services (the conduct).

This case concerned a developer (the Applicant) who sought declarations from the Victorian Civil and Administrative Tribunal that two agreements it made with the Cardinia City Council under s 173 of the Planning and Environment Act 1987 and the issuing of a planning permit, each restricting ownership and/or occupation of…

The application made by Bowls Victoria related to conducting single gender lawn bowls events held at club, division, region and state level, including for competitors under 18, 25 and 60 years of age, and bowlers with a disability.

The Commission intervened in the Victorian Civil and Administrative Tribunal (VCAT) matter of Waite Group. Waite Group sought an exemption or a declaration of a special measure under section 12 of the Equal Opportunity Act 2010 to enable it to advertise for and recommend as candidates only women for specific…

This was a case of sexual harassment in the workplace by an employer. VCAT made a finding on 10 July 2015 that the employee's complaint of sexual harassment by her employer was proven in contravention of ss 92 and 93 of the Equal Opportunity Act 2010.

Judo Victoria Inc. applied to the Victorian Civil and Administrative Tribunal for an exemption under section 89 of the Equal Opportunity Act 2010. The application sought to allow Judo Victoria to discriminate on the basis of age in its black belt ("Dan") gradings policy.

The Applicant made an application for an exemption under section 89 of the Equal Opportunity Act 2010 to permit the Harkaway Public Hall Committee of Management to discriminate on the basis of age in relation to accepting applications to hire the hall.

This case was a claim of indirect discrimination in education on the basis of disability, under both the Equal Opportunity Act 1995 (EOA 1995) and the Equal Opportunity Act 2010 (EOA 2010), and raises an educational authority's obligation to make reasonable adjustments for a student with a disability under the Equal Opportunity Act…

This case involves a complaint of discrimination by the Applicant against his former employer on the grounds of race and physical features in the area of employment, as well as a complaint of victimisation.

This case concerns a complaint of discrimination in education on the basis of disability, and raises an educational authority's obligation to make reasonable adjustments for a student with a disability.

Concerns a complaint of discrimination in employment on the basis of parental status and employment activity, and raises an employer's obligation to accommodate an employee's responsibilities as a parent or carer.

In this case, the applicant, Mr Slattery, made a complaint that Manningham City Council had on the grounds of disability in the area of goods and services, access to public premises, and by councillors.

Concerns a challenge to the Department of Education policy of allowing non-compulsory Special Religious Instruction to be taught in Government schools during normal school hours. The parents of children at three Victorian State primary schools argued that the method of providing Special Religious Instruction involves direct discrimination against their children…

Concerns an exemption application by a women's refuge to limit services and accommodation to women and children and limit employment to women only. Considers the application of special measures (section 12), the welfare services exception (section 28), the welfare measures (accommodation) (section 60) and the special needs exception (section 88).

Concerns an exemption application to limit employment to women only by a peak body that aims to eliminate domestic violence against women and children. Considers the application of the welfare services exception (section 28) and the special needs exception (section 88).

Concerns an exemption application to enable the Applicant to provide health services to women only, to advertise and employ only women to provide those services, and to restrict membership of the service to women. Considers the scope and application of the exemption power, the special needs exception (section 88), the…

BAE Systems Australia Ltd designs, manufactures and supports military and defence systems, which are supplied to the Australian Defence Force and over 100 other countries. Concerns an exemption application to enable BAE to discriminate (on the grounds of nationality) against its Victorian workforce in relation to controlling access to certain…

Concerns an exemption application to enable Gunditjmara Aboriginal Co-Operative Ltd to advertise for and employ a female mental health worker. The program already employed a male mental health worker and wanted to employ a female because some female clients would not engage in counselling and other services provided by a…

Mt Evelyn Special Development School (a school for students with developmental delay and/or intellectual disability) applied for an exemption to enable the applicant to advertise for two male School Support Officer positions. The Tribunal granted the exemption, which was sought because 20 male students need assistance with personal care including…

Concerns an exemption application to advertise for and employ only Indigenous persons, with preference to be given to Wurundjeri Tribe Land Compensation & Cultural Heritage Council members, in field and office based positions working to care and protect Wurundjeri country. The Tribunal found the conduct proposed was a special measure…

Concerns an exemption application to enable the Applicant to advertise for female applicants for Information Technology Traineeships and Cadetships to encourage female participation in the IT sector. The Commission made submissions about the application of special measures (section 12) and said that if VCAT was satisfied that the proposed conduct…

The Ian Potter Museum of Art applied for an exemption to enable it to advertise for and employ only an Indigenous person in an Assistant Curator role. The Tribunal found the proposed conduct was a special measure under section 12 of the Equal Opportunity Act 2010 and accordingly an exemption…

The Cummeragunja Housing and Development Aboriginal Corporation applied for an exemption to advertise for and employ only Indigenous persons in health care worker and administration positions. The Tribunal found the proposed conduct was a special measure under section 12 of the Equal Opportunity Act and accordingly an exemption was not…

Concerns a complaint by the Applicant that she was discriminated against and victimised by WorkSafe Victoria. The Commission made submissions about the interpretation of the term 'services' in the Equal Opportunity Act 1995 and whether the nature of the activities performed by the Respondent in relation to the Applicant's complaint…

The Applicant sought an exemption so that it could host two women's only events targeted at young women within the Darebin community who were unable to attend mixed gender events due to cultural and religious reasons. The Applicants also sought an exemption to employ only women for the duration of the…